Communications

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

* All arrest reports for marijuana-related offenses that occurred between November 9, 2016 and December 14, 2016

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

The Massachusetts Department of State Police ("Department") has received your public records request for all arrest reports for marijuana-related offenses that occurred between November 9, 2016 and December 14, 2016. Please note that G. L. c. 4, § 7 cl. 26(a) exempts from public disclosure any records that are "specifically or by necessary implication exempted from disclosure by statute." In this instance, your request falls within this exemption since releasing the requested information would violate G.L. c. 6, § 172, the Criminal Offender Record Information ("CORI") statute. General Laws c. 6, § 172 prohibits the dissemination of CORI information which G.L. c. 6, §167 defines as "records and data in any communicable form compiled by a criminal justice agency which concern an identifiable individual and relate to the nature or disposition of a criminal charge, an arrest, a pre-trial proceeding, other judicial proceedings, sentencing, incarceration, rehabilitation, or release." Accordingly, this information is not subject to public release since the responsive records contain CORI information and relate to criminal charges and the initiation of a criminal proceeding. Recently, the regulations regarding CORI information were amended and redefined the phrase "initiation of criminal proceedings" as "the point when a criminal investigation is sufficiently complete that the investigating officer takes actions toward bringing a specific suspect to court" See 803 CMR 2.03(4). See also SPR12/161.

The Massachusetts State Police have rejected my public records request for "All arrest reports for marijuana-related offenses that occurred between November 9, 2016 and December 14, 2016," citing the Criminal Offender Record Information statute. However, my request does not "concern an identifiable individual" or individuals. The department may redact any identifying information, such as names, addresses, etc. and disclose the records.

The Massachusetts State Police provided me with a fee estimate of $180 for copies of arrest reports. A check was mailed on March 1, 2017. On March 31, I asked the State Police to verify that they had received the check. To date, I have not received a response of any kind. Please order the State Police to verify whether they received the check and, if so, provide the records I requested immediately.

Please find attached this office's letter of acknowledgement for the Department of State Police's request for reconsideration of the January 9, 2017 order in the matter of your appeal, numbered SPR 16/1257.

I am writing to remind you that should you require any further assistance regarding your appeal to be sure to email us at pre@sec.state.ma.us<mailto:pre@sec.state.ma.us> and note what you are taking issue with or require help with and that you do want more help.

In a previous appeal, I explained that the Massachusetts State Police had failed to provide me with requested records even though I paid a fee estimate provided by the department. In a letter dated April 24 (SPR17/518), you stated, "I learned that a representative from the Department intends on providing Mr. Quemere with the requested records." You further stated that you were closing my appeal "with the proviso that the Department provide said response within ten (10) business days."

Nearly a month has passed since then, and the State Police still have not provided the requested records. I again ask that you order the State Police to immediately provide the requested records.

I am writing to remind you that should you require any further assistance regarding your appeal to be sure to email us at pre@sec.state.ma.us<mailto:pre@sec.state.ma.us> and note what you are taking issue with or require help with and that you do want more help. This office was notified that a response was provided to you in response to the determination for your appeal and its associated records request.

On May 22, I filed an appeal with you, but I have not yet received a determination. As I stated: In a previous appeal, I explained that the Massachusetts State Police had failed to provide me with requested records even though I paid a fee estimate provided by the department. In a letter dated April 24 (SPR17/518), you stated, "I learned that a representative from the Department intends on providing Mr. Quemere with the requested records." You further stated that you were closing my appeal "with the proviso that the Department provide said response within ten (10) business days."

Two months have passed since your initial determination, and the State Police still have not provided the requested records. I again ask that you order the State Police to immediately provide the requested records.

I am writing in regards to your above mentioned appeal. I am writing to inform you that our office was notified that a response was provided to your request and to remind you that should require any further assistance or need to further appeal all you need do is email us at pre@sec.state.ma.us<mailto:pre@sec.state.ma.us> and note what you are specifically appealing and that you want a new appeal to assess that issue.